Morgan O'Driscoll Irish & International Art Auction 21st October 2019

174 90 C ONDITIONS OF S ALE A full list of conditions of sale are available from our office or on our website at www.morganodriscoll.com . Buyers and sellers are requested to read carefully the explanation of Cataloguing practice and the conditions set out below which contain the terms on which Morgan O’Driscoll RICS SICS (thereafter referred to as The Auctioneer) conduct sales and handle other related matters. Save as otherwise appears The Auctioneer acts only as agents for the seller. The buyer shall be the highest bidder acceptable to The Auctioneer subject to a reserve price (if any) and The Auctioneers shall have absolute discretion to settle any dispute under any circumstances including human error, a technical malfunction, or internet bidding delays. Every bidder shall be deemed to act as principle unless The Auctioneer has, before the date of the Auction, acknowledged in writing that the bidder is acting as agent on behalf of a disclosed principle. Every bidder shall complete and sign a registration form before the date of the Auction (if applicable) Any representation or statement by the Auctioneer whether in the catalogue or other publication or in a condition report as to the authorship, origin, date, age, attribution, genuineness, provenance, condition or estimated selling price of any Lot is a statement of opinion only. Any illustrations in the catalogue are solely for the guidance of prospective Buyers and are not to be relied upon in terms of tone or colour or necessarily to reveal imperfection in any Lot. In addition, many Lots are of an age or nature which precludes there being in pristine condition and some descriptions in the catalogue or given by way of condition report make reference to damage and/or restoration. Such information is given for guidance only and the absence of such reference does not imply that a Lot is free from defects nor does any reference to particular defects imply the absence of others. Buyers must satisfy themselves as to all matters refereed to in (a) and (b) above by inspection or otherwise prior to the date of the Auction. The attention of Buyers is also drawn to the explanation of cataloguing practice contained in the catalogue. Each purchaser shall be deemed to have inspected and to be thoroughly acquainted with the contents and conditions of the Lot or Lots purchased by him and to have purchased same subject in all faults, deficiencies, imperfections and errors (if any) of any description therein, and no allowance whatsoever shall be made in respect of any such fault, imperfection or error or any difficulty of access. Premium The Buyer shall pay The Auctioneer a premium of 24.6% (inclusive of VAT) 20% (exclusive of VAT) of the Hammer Price and the Buyer acknowledges that The Auctioneer may also receive commission in accordance with Conditions of Sale from the Seller. VAT regulations All Lots in this catalogue are sold using the Auctioneers VAT Margin Scheme. Revenue regulations require that the Buyers premium must be invoiced at a rate which is inclusive of any VAT. This VAT is not recoverable by any business buyer. Each lot shall, from the fall of the hammer, be at the sole risk of the purchaser, and must be collected and taken away without fail, at the purchaser’s risk in all respects. The Auctioneer reserves the right to alter, divide, group or withdraw any Lot or Lots either before or at any time during the sale, or give options on any Lot or Lots at any time during the sale. Upon the sale of a Lot, the Buyer shall: i) Unless he has already done so, give to The Auctioneer his name and address and, if so required by The Auctioneer, his bank or other suitable references. ii) If so required by The Auctioneers, immediately pay a deposit in cash or bank draft of 25% of the purchase price of any Lot. iii)Pay to The Auctioneer the Purchase Price within one day from the date of sale. The Auctioneer may, at his absolute discretion, agree terms for credit with the Buyer under which the Buyer will be entitled to take possession of the Lot before payment is made in full. The Title of Ownership of the property in a lot shall not pass to the Buyer until he has paid the Purchase Price in full. The Property in a Lot shall not pass to the Buyer until he has paid the Purchase Price in full and no Lot may be taken away during the Auction, nor may any Lot be taken away until the Purchase Price has been paid in full. The Buyer shall remove at his expense any Lot purchased within 1 day from the sale. The Buyer shall be responsible for any removal, storage and insurance charges on any Lot not taken away within 1 working day after the date of the Auction. Any packing and handling of purchased Lots by The Auctioneer’ staff is undertaken solely as a service to the Buyers, and will only be undertaken at The Auctioneer’s discretion and at the Buyer’s risk. The Auctioneer shall not be liable in any event for any damage to glass or frames irrespective of cause. In addition, The Auctioneer shall not be liable for any errors or omissions or damage caused by packers and shippers that The Auctioneer has recom- mended to the Buyer. A purchased Lot shall be at the Buyer’s risk in all respects from the time of collection or the expiry of one day from the date of sale, whichever is the sooner, and neither The Auctioneer nor his employees nor agents shall hereafter be liable for any loss or damage of any kind, whether caused by negligence or otherwise, while any Lot is under their respective control or custody. No liability will be accepted by the Vendors or The Auctioneer for personal injuries of any description and from whatsoever cause arising sustained by any person while in the Auction Rooms, on the property of The Auctioneer and/or Vendor(s) for the purpose of inspection, or during the sale or whilst removing any Lots in or on the premises of The Auctioneer or Vendor(s) in connection with the sale. If the buyer fails to pay for or take away any Lot the Auctioneer shall, without further notice to the Buyer and at his absolute discretion and without prejudice to any other rights or remedies it may have, be entitled to exercise one or more of the following rights or remedies. To issue proceedings against the Buyer for damages for breach of contract together with the costs of such proceedings on a full indemnity basis. To rescind the sale of that or any other Lot sold to the Buyer at that or any other Auction. To resell the Lot or cause it to be resold by public or private sale. Any deficiency in the Purchase Price resulting from such a resale (after giving credit for any payment) together will full costs incurred in connection with the Lot shall be paid to The Auctioneer by the Buyer(s) and any surplus over the Proceeds of Sale shall belong to the Seller and in this Condition the expression ‘Proceeds of Sale’ shall have the same meaning in relation to the sale by private treaty as it has in relation to a sale by Auction. To store the Lot or cause it to be stored and insurance and all other costs incurred in connection with the Lot shall be borne by the aforementioned Buyer. 1 2a) b) c) 3a) b) c) d) 4a) b) 5a) b) 6a) b) c) 7a) b) c) d) 8a) b) c) 9a) b) c) d)

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